Allegations involving infidelity, adultery, abuse, cruelty, abandonment, deception, financial misconduct, or dissipation of marital assets often lead to disputes over property division and financial support.
When a marriage falls apart, people often wonder whether a spouse’s behavior actually matters when seeking a divorce. In Texas, the answer is: sometimes, yes. Even though Texas is a no-fault divorce state, certain actions called marital misconduct can still affect how a divorce plays out.
In this article, we will provide a clear, easy-to-understand breakdown of what marital misconduct means in Texas, common examples, and why it can matter.
What is Marital Misconduct in Texas
Marital misconduct in Texas refers to actions by a spouse that seriously violate the marital trust and obligations. Texas is a no-fault state, which means that you don’t have to prove misconduct to get divorced; it can still influence important issues, including:
- How marital property is divided
- Whether spousal maintenance (alimony) is awarded
- In limited situations, child custody decisions
In other words, you can divorce without blaming anyone, but the court may still consider bad behavior when deciding what’s fair.
Texas Marital Misconduct Examples
Adultery
Adultery is a voluntary sexual relationship with someone other than your spouse during the marriage. If proven, adultery can influence how property is divided, especially if marital funds were spent on the affair.
Cruelty
Cruelty includes physical violence or emotional abuse that makes it unsafe or unreasonable for spouses to continue living together. Threats, repeated intimidation, or physical harm can all fall under this category.
Abandonment
Abandonment occurs when one spouse leaves the marriage with the intent to abandon the other and stays away for at least one year. Temporary separations or leaving for work usually do not qualify.
Felony Conviction
If a spouse is convicted of a felony, sentenced to prison for at least one year, and not pardoned, this can qualify as marital misconduct. The conviction must occur during the marriage.
Substance Abuse
Habitual and excessive use of drugs or alcohol may be considered misconduct—especially if it harms the marriage, finances, or children. Courts often look at patterns, not isolated incidents.
Financial Misconduct/Dissipation of Assets
This happens when a spouse wastes or hides marital property for personal benefit. Common examples include:
- Spending money on an affair
- Gambling away marital funds
- Hiding assets in secret accounts
- Selling property for far less than its value
Bigamy
Bigamy means being married to more than one person at the same time. A marriage involving bigamy is generally invalid in Texas and can have serious legal consequences.
How a Texas Divorce Lawyer Can Help with Marital Misconduct Issues
Marital misconduct can significantly complicate a Texas divorce. Allegations involving infidelity, adultery, abuse, cruelty, abandonment, deception, financial misconduct, or dissipation of marital assets often lead to disputes over property division and financial support.
A knowledgeable Texas divorce lawyer can help determine whether alleged wrongdoing legally qualifies as marital misconduct and how it may affect your case.
A Texas divorce lawyer can assist you by helping to:
- Gather, document, and present evidence of misconduct such as deceptive behavior, financial waste, harassment, or coercive conduct
- Defend against false or exaggerated accusations, including claims of abuse, neglect, or dishonest behavior
- Advocate for a fair and equitable division of marital property, especially when one spouse may have wasted or misused assets
- Evaluate spousal maintenance options, particularly when misconduct like reckless spending, substance abuse, or repeated betrayal has contributed to the marital breakdown
Although Texas allows no-fault divorce, serious marital misconduct—such as abusive, fraudulent, or controlling behavior—may still be considered by the court when deciding how to divide property or whether spousal maintenance is appropriate. Proven misconduct does not prevent divorce, but it can influence the financial outcome of the case.
If you believe marital misconduct played a role in the breakdown of your marriage—or if you are being accused of harmful or dishonest behavior—consulting with a Texas divorce lawyer can help you understand your rights, assess your legal options, and protect your interests throughout the divorce process.
Not sure whether marital misconduct applies to your situation? Speaking with a Texas family law attorney can provide clarity and guidance before you move forward.
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